Home > Business Law, Construction Law, Real Estate Law > School District Found Responsible for Extra Work Costs

School District Found Responsible for Extra Work Costs

G. Voskanian Construction, Inc. v. Alhambra Unified School District, No. B221005 \

In a recent case of G. Voskanian Construction, Inc. v. Alhambra Unified School District (2012) (B221005), the second district Court of Appeals affirmed a ruling in favor of a general contractor seeking to be paid for extra work performed.  This was a suit by Voskanian Construction as  general contractor to recover for extra work it performed on two public works contracts.  The trial court’s judgment in favor of the contractor was affirmed, where: 1) as to one contract, the defendant school district eventually issued written change orders authorizing the extra work; 2) as to another contract, the contractor’s bid was based on misleading plans and specifications issued by the district; and 3) the trial court correctly determined that the contractor and the performance bond issuer were entitled to recover attorney’s fees pursuant to the performance bonds.  This last point is of interest, as apparently the prime contract actually did not have an attorney’s fee provision.  However, because the district filed a cross-complaint against the contractor and its surety under Performance Bonds, and lost, the Court found the contractor and surety were then entitled to recover attorney’s fees as a prevailing party under the terms of the bond itself and related code provisions.

All Rights Reserved © 2012 by Michael L. Mau, Esq. & The Mau Law Firm

Advertisements
  1. No comments yet.
  1. No trackbacks yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s